By Rajesh Pandey
The Allahabad High Court Bar Association (HCBA) on Saturday expressed its displeasure over what it called ‘the clandestine manner’ in which the oath of Justice Yashwant Varma was administered without being notified to the bar association, as it was in earlier practice.
“We unequivocally condemn thowthe oath was administered behind our back”, said the HCBA in its letter to the Chief Justice, while requesting him to “protect the fundamental values and follow the traditions of this institution”.
“Administration of oath to a judge is a quintessential event in our judicial system. Lawyers, being equal stakeholders in the institution, cannot be kept away.
High Court Bar Association (HCBA) passed a resolution saying therein that oath is against the constitution of India and therefore, members of the association do not want to be associated with unconstitutional oath.
What we resolved, we spoke openly and not only this, we also sent copy of the resolution to everybody including your Lordship”, said the letter to the chief justice signed by the secretary of HCBA Vikrant Pandey.
Against this backdrop, the bar association questions, “We failed to understand as to what is the clandestine in this oath. We are given to understand that the system is taking steps fairly and transparently but why this oath is not given to the bar association is a question that again eroded the trust of the people in the judicial system.
We unequivocally condemn how Justice Yashwant Varma was administered oath behind our back”.
“Subscription to oath has traditionally and continuously being conducted in open court. Keeping the lawyer’s fraternity uninformed may erode their confidence in this institution.
We request Chief Justice to protect the fundamental values and follow the traditions of this institution”, added the letter to the chief justice by the HCBA.
The HCBA letter further said that the bar association has been given to understand that majority of judges of this court were also not invited/informed regarding the oath, therefore, legally and traditionally, the oath administered to Justice Varma is unacceptable.
The bar association while condemning the aforesaid event again requested the chief justice of Allahabad high court not to assign any administrative and judicial work to Justice Yashwant Varma.
A copy of this letter of HCBA has also been sent to the prime minister, union home minister, union law minister, UP’s chief minister and all sitting judges of Allahabad High Court and its Lucknow bench.